New South Wales Consolidated Regulations

ABORIGINAL LAND RIGHTS REGULATION 2002 - REG 7

7 Exemption of Aboriginal lands from the payment of rates

(1) For the purposes of section 43 of the Act, the land specified in subclause (2) is declared to be exempt from:

(a) the payment of rates and charges under the Local Government Act 1993 , and

(b) the payment of rates, levies and charges under the Hunter Water Act 1991 , and

(c) the payment of service charges under the following Acts:

(i) the Sydney Water Act 1994 ,

(ii) the Water Management Act 2000 .

(2) Subclause (1) applies to the following land if it is vested in an Aboriginal Land Council:

(a) land specified in Schedule 1,

(b) land that is not being used for a commercial or residential purpose,

(c) land that is not being used for a residential purpose in respect of which a resolution has been passed in accordance with subclauses (3) and (4) declaring it to be land of spiritual or cultural significance to Aboriginal people.

(3) An Aboriginal Land Council may pass a resolution for the purposes of subclause (2) (c) declaring that specified land vested in it is land of spiritual or cultural significance to Aboriginal people.

(4) A resolution under subclause (3) has no effect unless:

(a) it is passed at a meeting of the Aboriginal Land Council, being a meeting at which a quorum is present and which has been specifically called for the purpose in accordance with this Regulation, and

(b) it is passed by not less than 80 per cent of the members present and voting at the meeting, and

(c) the chief executive officer of the Council has advised the Minister in writing that a resolution has been passed in accordance with this clause in relation to the land concerned, and

(d) the Minister has approved the resolution.